Opinion
2001-00772
Argued October 15, 2002.
November 12, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Griffin, J.), rendered January 8, 2001, convicting him of criminal possession of a weapon in the third degree and criminal possession of a weapon in the fourth degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress certain evidence.
Lynn W. L. Fahey, New York, N.Y. (Barry Stendig of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and William C. Milaccio of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., GLORIA GOLDSTEIN, LEO F. McGINITY, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
While police officers were attempting to gain access to the defendant's apartment to arrest him in connection with a prior assault, one police officer encountered a woman who appeared on the scene. The woman claimed to reside with the defendant as his "live-in girlfriend." She voluntarily consented to a search of the apartment which was to take place following the defendant's arrest. In fact, she gave such consent on two occasions. The consent by this co-occupant of the apartment furnished justification for the ensuing warrantless search (see United States v. Matlock, 415 U.S. 164; People v. Cosme, 48 N.Y.2d 286; People v. Garnsey, 288 A.D.2d 761; People v. Fayton, 276 A.D.2d 339; People v. Bostic, 222 A.D.2d 1073; People v. Beriguette, 199 A.D.2d 515; People v. Perez, 185 A.D.2d 330).
ALTMAN, J.P., GOLDSTEIN, McGINITY and MASTRO, JJ., concur.